80_FR_21371 80 FR 21297 - Petition for Waiver of Compliance and Notice of Public Hearing; Correction

80 FR 21297 - Petition for Waiver of Compliance and Notice of Public Hearing; Correction

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 74 (April 17, 2015)

Page Range21297-21298
FR Document2015-08938

On April 3, 2015 (80 FR 18292), the Federal Railroad Administration (FRA) provided notice of a public hearing to receive views, data, and comments regarding BNSF Railway's (BNSF) petition for modification and extension of its waiver of compliance from certain provisions of the Federal railroad safety regulations contained in title 49 Code of Federal Regulations part 232, Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment, in Docket Number FRA-2006-24812. The notice contained an incorrect date of the public hearing.

Federal Register, Volume 80 Issue 74 (Friday, April 17, 2015) 
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21297-21298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08938]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2006-24812]


Petition for Waiver of Compliance and Notice of Public Hearing; 
Correction

AGENCY: Federal Railroad Administration, Department of Transportation.

ACTION: Notice; correction.

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SUMMARY: On April 3, 2015 (80 FR 18292), the Federal Railroad 
Administration (FRA) provided notice of a public hearing to receive 
views, data, and comments regarding BNSF Railway's (BNSF) petition for 
modification and extension of its waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained in 
title 49 Code of Federal Regulations part 232, Brake System Safety 
Standards for Freight and Other Non-Passenger Trains and Equipment, in 
Docket Number FRA-2006-24812. The notice contained an incorrect date of 
the public hearing.

FOR FURTHER INFORMATION CONTACT: Steve Zuiderveen, Railroad Safety 
Specialist, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, 
(202) 493-6337, [email protected].

[[Page 21298]]

Correction

    In the Federal Register of April 3, 2015, in FR Doc. 2015-07656, on 
page 18292, in the second column, correct the paragraph to read:
    In addition, FRA is extending the comment period for this waiver 
petition to June 21, 2015, to allow adequate time for any additional 
comments to be submitted following the public hearing on May 21, 2015.

    Issued in Washington, DC, on April 11, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-08938 Filed 4-16-15; 8:45 am]
 BILLING CODE 4910-06-P

Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21297 determines whether granting the Summary of Applications stable on therapies for both conditions exemption would likely achieve a level and his CPAP compliance is acceptable Thomas Skagen of safety equivalent to, or greater than, to excellent. He is maintained on the level that would be achieved by the Mr. Skagen is a 53-year-non-CDL Provigil and Zoloft and by all accounts current regulation (49 CFR 381.305). holder from Washington. He is route his sleep disorders are stable and well- The Agency may grant an exemption sales representative for a bakery. He was treated on his current therapeutic subject to specified terms and diagnosed with Narcolepsy without regimen. Medication or dosing changes conditions. The decision of the Agency cataplexy 1 in 2008. His physician has have not been required since [the must be published in the Federal treated him for 3 years and is supportive specialist] took over his care in 2012. Register (49 CFR 381.315(b)) with the of Mr. Skagen’s exemption request. He His specialists support Mr. Jandreau’s reasons for denying or granting the states that Mr. Skagen is treated with petition for exemption based on his application and, if granted, the name of Adderall and has a known 3-year condition being stable for quite some the person or class of persons receiving history of being very compliant with time and is not likely to worsen so long the exemption, and the regulatory medical treatment, his Epworth as he continues his current therapeutic provision from which the exemption is Sleepiness Scale scores remain within regimen. Mr. Jandreau would like to be granted. The notice must also specify normal limits, and he does not fall granted an exemption in interstate the effective period and explain the asleep at any inappropriate times. He commerce. terms and conditions of the exemption. has driven a step van (a walk-in or multi-stop truck) since 2005 and says Request for Comments The exemption may be renewed (49 CFR 381.300(b)). that sleepiness has never been an issue In accordance with 49 U.S.C. 31315 FMCSA provides medical advisory and in 37 years of driving he has never and 31136(e), FMCSA requests public criteria in the Medical Examination caused an accident. He would like to be comment from all interested persons on granted an exemption in order to obtain the applications for exemption Report at 49 CFR 391.43 for use by a medical certificate to operate in described in this notice. We will medical examiners in determining interstate commerce. consider all comments received before whether drivers with certain medical the close of business on the closing date conditions should be certified to operate Charles ‘‘Larry’’ Peterson indicated earlier in the notice. commercial motor vehicles in interstate Mr. Charles Larry Peterson is a 56- commerce. The advisory criteria for 49 Dated: April 13, 2015. year old Class A CDL holder in CFR 391.41(b)(8), indicates that if an Larry W. Minor, Washington. He is tractor-trailer driver. individual has had a sudden episode of He was diagnosed with Narcolepsy in Associate Administrator for Policy. a non-epileptic seizure or loss of 1987 and has been continually treated [FR Doc. 2015–08857 Filed 4–16–15; 8:45 am] consciousness of unknown cause that for this condition since his diagnosis. A BILLING CODE 4910–EX–P did not require anti-seizure medication, November 2014 letter from Mr. the decision whether that person’s Peterson’s physician states he is condition is likely to cause the loss of successfully treated with Provigil. He DEPARTMENT OF TRANSPORTATION consciousness or loss of ability to has never known of any traffic control a CMV should be made on an Federal Railroad Administration incidents, accidents or problems related individual basis by the medical to his narcolepsy or treatment. In his [Docket Number FRA–2006–24812] examiner in consultation with the opinion his narcolepsy is well treating physician. Before certification is controlled and he is safe to drive. A Petition for Waiver of Compliance and considered, it is suggested that a 6- November 6 letter from his employer Notice of Public Hearing; Correction month waiting period elapse from the supports Mr. Peterson’s request for an AGENCY: Federal Railroad time of the episode. Following the exemption. The employer reports that Administration, Department of waiting period, it is suggested that the Mr. Peterson has been employed since Transportation. individual have a complete neurological 2012 and has been an exemplary driver ACTION: Notice; correction. examination. If the results of the since he was hired. The employer examination are negative and anti- reports there have been no accidents, SUMMARY: On April 3, 2015 (80 FR seizure medication is not required, then communication problems, and no 18292), the Federal Railroad the driver may be qualified. questionable performance issues during Administration (FRA) provided notice In those individual cases where a his employment. Mr. Peterson would of a public hearing to receive views, driver had a seizure or an episode of like to be granted an exemption to data, and comments regarding BNSF loss of consciousness that resulted from continue to operate in interstate Railway’s (BNSF) petition for a known medical condition (e.g., drug commerce. modification and extension of its waiver reaction, high temperature, acute of compliance from certain provisions of infectious disease, dehydration, or acute Stanley Jandreau the Federal railroad safety regulations metabolic disturbance), certification Mr. Jandreau is a 43 year old Class A contained in title 49 Code of Federal should be deferred until the driver has CDL holder in Maine. A February 2015 Regulations part 232, Brake System fully recovered from that condition, has letter from his sleep medicine Safety Standards for Freight and Other no existing residual complications, and specialists states that Mr. Jandreau has Non-Passenger Trains and Equipment, is not taking anti-seizure medication. been a patient since 2002 when he was in Docket Number FRA–2006–24812. The advisory criteria for 49 CFR found to have obstructive sleep apnea The notice contained an incorrect date tkelley on DSK3SPTVN1PROD with NOTICES 391.41 (b)(9), indicates that a variety of and narcolepsy with cataplexy. Mr. of the public hearing. functional disorders can cause Jandreau’s specialists report that he is FOR FURTHER INFORMATION CONTACT: drowsiness, dizziness, confusion, Steve Zuiderveen, Railroad Safety 1 According to National Institutes of Health, weakness or paralysis that may lead to Specialist, FRA, 1200 New Jersey National Institute of Neurological Disorders and incoordination, inattention, loss of Stroke, cataplexy is a sudden loss of muscle tone Avenue SE., Washington, DC 20590, functional control and susceptibility to while the person is awake that leads to feelings of (202) 493–6337, accidents while driving. weakness and a loss of voluntary muscle control. Steven.Zuiderveen@dot.gov. VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1

21298 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices Correction America waiver request should be Dear Mr. Gans: In the Federal Register of April 3, provided to the FRA on or before April As you are aware, on February 19, 2015, 2015, in FR Doc. 2015–07656, on page 22, 2015. the New York Metropolitan Transportation 18292, in the second column, correct ADDRESSES: Please submit your Authority (MTA) on behalf of its commuter the paragraph to read: comments by one of the following railroad subsidiaries, Long Island Rail Road In addition, FRA is extending the means, identifying your submissions by (LIRR) and Metro-North Commuter Railroad comment period for this waiver petition docket number FRA–2012–0033. All Company (Metro-North), requested a waiver electronic submissions must be made to from the Federal Railroad Administration’s to June 21, 2015, to allow adequate time the U.S. Government electronic site at (FRA) Buy America requirement to purchase for any additional comments to be http://www.regulations.gov. (a) transponders and (b) Temporary Speed submitted following the public hearing Restriction (TSR) safety servers for use in on May 21, 2015. Commenters should follow the LIRR’s and Metro-North’s Positive Train Issued in Washington, DC, on April 11, instructions below for mailed and hand- Control system (PTC). The Rail Safety 2015. delivered comments. Improvement Act of 2008 requires certain (1) Web site: http:// Ron Hynes, railroads, including LIRR and Metro-North, www.regulations.gov. Follow the to implement a PTC system on all nonexempt Director, Office of Technical Oversight. instructions for submitting comments commuter main-line tracks by December 31, [FR Doc. 2015–08938 Filed 4–16–15; 8:45 am] on the U.S. Government electronic 2015. Facilitating PTC implementation is one BILLING CODE 4910–06–P docket site; of FRA’s top priorities. (2) Fax: (202) 493–2251; MTA requested the waiver, stating that the (3) Mail: U.S. Department of components were not produced in the U.S. DEPARTMENT OF TRANSPORTATION Transportation, 1200 New Jersey in sufficient and reasonably available Avenue SE., Docket Operations, M–30, amounts or are not of a satisfactory quality. Federal Railroad Administration Room W12–140, Washington, DC The transponders and TSR safety servers are [Docket No. FRA–2012–0033] 20590–0001; or manufactured in Sweden. The two non- (4) Hand Delivery: Room W12–140 on domestic components represent Notice of Intent To Grant a Buy the first floor of the West Building, 1200 approximately 1% of the total value of the America Waiver to the New York New Jersey Avenue SE., Washington, PTC system integrator contracts (PTC Metropolitan Transportation Authority DC 20590, between 9 a.m. and 5 p.m., Contracts). MTA values the TSR safety for the Use of Transponders and Monday through Friday, except Federal servers at less than $1 million and the Temporary Speed Restriction Safety holidays. transponders at approximately $4 million. Servers Instructions: All submissions must Total contract costs are approximately $428 make reference to the ‘‘Federal Railroad million. For the reasons set forth below, FRA AGENCY: Federal Railroad is granting a waiver for the purchase of the Administration (FRA), United States Administration’’ and include docket number FRA–2012–0033. Due to transponders and TSR safety servers. Department of Transportation (DOT). A waiver is appropriate because security procedures in effect since ACTION: Notice of intent to grant Buy domestically-produced transponders and October 2001, mail received through the America waiver. TSR safety servers meeting MTA’s technical U.S. Postal Service may be subject to and schedule requirements are not currently SUMMARY: FRA is issuing this notice to delays. Parties making submissions ‘‘produced in sufficient and reasonably advise the public that it intends to grant responsive to this notice should available amount or are not of a satisfactory the New York Metropolitan consider using an express mail firm to quality.’’ Coordinating with FRA, MTA Transportation Authority (MTA) on ensure the prompt filing of any engaged the U.S. Department of Commerce’s behalf of its commuter railroad submissions not filed electronically or National Institute of Standards and subsidiaries, Long Island Rail Road by hand. Note that all submissions Technology’s Hollings Manufacturing (LIRR) and Metro-North Commuter received, including any personal Extension Partnership (NIST–MEP) to Railroad Company (Metro-North), a information therein, will be posted conduct market research for the transponders waiver from FRA’s Buy America without change or alteration to http:// and TSR safety servers. In conducting that requirement for the use of (a) www.regulations.gov. For more research, MTA contacted several potential transponders and (b) Temporary Speed information, you may review DOT’s manufacturers identified by NIST–MEP. Restriction (TSR) safety servers, which complete Privacy Act Statement in the None produced the transponders or TSR are made in Sweden. Transponders and Federal Register published on April 11, safety servers. TSR safety servers are two components 2000 (65 FR 19477), or visit http:// On February 20, 2015, FRA provided www.regulations.gov. public notice of this waiver request and a 15- of LIRR’s and Metro-North’s Positive day opportunity for comment on its Web site. Train Control system (PTC). The two FOR FURTHER INFORMATION CONTACT: Mr. FRA also emailed notice to over 6,000 non-domestic components represent John Johnson, Attorney-Advisor, FRA persons who have signed up for Buy America approximately 1% of the $428 million Office of Chief Counsel, 1200 New notices through ‘‘GovDelivery.’’ See http:// total value of the contracts Metro-North Jersey Avenue SE., Mail Stop 25, www.fra.dot.gov/Page/P0784. FRA received and LIRR entered into with a system Washington, DC 20590, (202) 493–0078, one comment, which was not responsive to integrator to design and furnish PTC John.Johnson@dot.gov. this waiver request. FRA will publish this (PTC Contracts). The TSR safety servers SUPPLEMENTARY INFORMATION: letter granting MTA’s request in the Federal cost less than $1 million and the The letter granting MTA’s request is Register and provide notice of such finding transponders approximately $4 million. quoted below: and an opportunity for public comment after tkelley on DSK3SPTVN1PROD with NOTICES FRA anticipates funding the PTC which this waiver will become effective. Mr. Richard L. Gans Contracts, and other PTC-related Vice President—General Counsel & Secretary Question about this letter can be directed projects, under a $967.1 million FRA to, John Johnson, Attorney-Advisor, at Long Island Rail Road Railroad Rehabilitation & Improvement Jamaica Station John.Johnson@dot.gov or (202) 493–0078. Financing loan. Jamaica, NY 11435–4380 Sincerely, DATES: Written comments on FRA’s Re: Request for Waiver of Buy America Sarah Feinberg determination to grant MTA’s Buy Requirement Acting Administrator VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1


Document Created: 2015-12-18 11:19:55
Document Modified: 2015-12-18 11:19:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; correction.
ContactSteve Zuiderveen, Railroad Safety Specialist, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 493-6337, [email protected] Correction
FR Citation80 FR 21297 
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